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Before the Madurai Bench of the Madras High Court

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Before the Madurai Bench of the Madras High Court ____________ W.P. No.4111/2016, etc. Batch BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT Reserved on Pronounced on 29.01.2021 15 .02.2021 CORAM THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. (MD) NOS. 4111, 4170 & 5142 OF 2006 W.P. (MD) NOS. 16115 OF 2012, 11665 OF 2013 & 3069 & 3199 OF 2014 W.P. (MD) NOS. 13961, 14243, 20549 & 20550 OF 2016 AND W.M.P. (MD) NOS. 4320 & 4379 OF 2006 W.M.P. (MD) NOS. 10385, 10386, 10558, 10559, 14705 TO 14707 OF 2016 M.P. (MD) NOS. 1, 1, 1, 2, 2, 3 & 4 OF 2014, 2 OF 2006 W.P. No. 4111 of 2006 T.Arivarasu Pandian .. Petitioner - Vs - 1. Government of Tamil Nadu rep. By its Secretary School Education Department Fort St. George, Chennai 600 009. 2. The Director of Public Libraries 737/1, Anna Salai Chennai 600 002. 3. The District Library Officer Theni, Theni District. .. Respondents http://www.judis.nic.in1/96 ____________ W.P. No.4111/2016, etc. Batch Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Declaration declaring the amendment made in Rule 42 (2) of the Tamil Nadu Public Libraries Rules, 1950, as per G.O. Ms. No.220, School Education Department dated 16.12.2005 passed by the 1st respondent and published in Tamil Nadu Government Gazette dated 1.2.06 as illegal and ultra vires of the Constitution of India insofar as the petitioner is concerned. For Petitioner : Mr. K.Appadurai in WP (MD) 4111, 4170 & 5142/06 Mr. P.Krishnasamy in WP (MD) 16115/12 Mr. M.Sathiamoorthy in WP (MD) Nos.11665, 13961, 14243, 20549, 20550/16 and 3069 & 3199/14 For Respondents : Mr. S.Srimathi, Spl. GP Mr. S.Visvalingam for R-4 in WP (MD) 5142/06 COMMON ORDER Education contributes to the wellbeing of the individuals as well as the overall development of the society. It is not only an instrument for enhancing efficiency but is also an effective tool for widening and augmenting democratic participation. Sustainable Development goals are a collection of goals formulated and adopted by the United Nations at global level designed to be a blueprint to achieve a better and more sustainable future for all. 2/96 http://www.judis.nic.in ____________ W.P. No.4111/2016, etc. Batch 2. A library is a curated collection of sources of information selected by experts and made accessible to a community for reference or borrowing in a quite conducive environment for study and it provides physical or digital access to varied materials in a physical location or virtual space and the library consists of varied collection of materials, both in physical and digital media in different and varied formats. 3. A library is organised for use of the public and maintained by a public body, a corporation, an institution or a private individual. Libraries offer collections and services mainly intended for the use of people, who choose not to or cannot afford to purchase the extensive collection themselves of such materials which no individual can reasonably be expected to have. In addition to providing materials, libraries also provide the services of experts, viz., Librarians, in finding and organising information and interpreting the informational needs. The initial advent of libraries contained physical material, which concept has gone through a sea-change in the technological explosion, where modern libraries are increasingly redefined as places to get unrestricted access to information in 3/96 http://www.judis.nic.in ____________ W.P. No.4111/2016, etc. Batch varied formats within the four walls of the cozy comfort of the individual’s house by providing access to electronic means of very large amounts of information and are becoming more of community hubs where programs are delivered and people engage in lifelong learning. 4. In the long journey of history, libraries appeared to be repository spaces to preserve the essentials of human civilisations. Defined by the New Oxford American Dictionary, the library is described as 'a building or room containing collections of books, periodicals, and sometimes films and recorded music for people to read, borrow, or refer to'. Since the ancient Roman Empire, libraries have been used as places to store all kinds of information, including artistic, historical, literary, military, musical, reference materials and so on. Having gone through so many changes and innovations over. 5. The Imperial Library was formed in 1891 by combining a number of Secretariat libraries in Calcutta. Of those, the most important and interesting was the library of the Home Department, which contained many books formerly 4/96 http://www.judis.nic.in ____________ W.P. No.4111/2016, etc. Batch belonging to the library of East India Collage, Fort William and the library of the East India Board in London. 6. Tamil Nadu is the first State to enact the Tamil Nadu Public Libraries Act, 1948, in independent India, which came into force with effect from 1st April, 1950 and the objectives of the Act, as is evident from the Preamble is as under :- “An Act to provide for the establishment of public libraries in the province of (Madras) Tamil Nadu and the organization of comprehensive rural and urban Library Service therein.” 7. Since 1st April, 1950, The Connemara Public Library had become the State Central Library, which was initially opened for the public in the year 1896 and ever since the enactment of the Public Libraries Act, 1948, being the first State Library Legislation in India, there has been a tremendous growth and development of public libraries. 8. Public library is a treasure house of knowledge connecting the local learning setup with the global resources of information and knowledge. It plays 5/96 http://www.judis.nic.in ____________ W.P. No.4111/2016, etc. Batch a vital role in keeping the public informed of changes that take place around the world. The focus is to promote reading habits and life-long learning and to nurture the reading habits, facilitate research work and provide information to the needy people in accordance with the “Tamil Nadu Public Libraries Act, 1948”. As on date, 4,638 libraries have been set up to meet the ever growing information exposure of the society, the details of which are as under :- S. No. Name/Types of Libraries Nos. 1 Connemara Public Library (State Central 1 Library & One of the National Depository Libraries) 2 Anna Centenary Library – Special Unit 1 3 District Central Libraries 32 4 Branch Libraries 1926 5 Mobile Libraries 14 6 Village Libraries 1915 7 Part-Time Libraries 749 Total 4638 9. As is evident from the above tabulated statement, seven different types of libraries that are functioning throughout the State of Tamil Nadu. The various categories of staff working in the above libraries functioning across the State are as under :- 6/96 http://www.judis.nic.in ____________ W.P. No.4111/2016, etc. Batch S. No. Name/Types of Libraries Categories of Staff 1 Connemara Public Library 1. Librarian 2. Deputy Librarian 3. Bibliography Assistant Grade - I 4. Reference Assistant 5. Classification Assistant. 2 Anna Centenary Library 1. Chief Librarian and Information Officer 2. Deputy Chief Librarian and Information Officer 3. Librarian and Information Officer 4. Asst. Librarian and Information Officer 5. Librarian and Information Asst., Gr.I 6. Librarian and Information Asst., Gr.II 3 District Central Libraries 1. District Library Officer 2. Inspector of Libraries 3. Stock Verification Office 4. Grade-I Librarian 5. Grade-II Librarian 6. Grade-III Librarian 7. Village Librarian 4 Branch Libraries 5 Mobile Libraries 6 Village Libraries 7 Part-Time Libraries 7/96 http://www.judis.nic.in ____________ W.P. No.4111/2016, etc. Batch 10. A library is many things to many people. It is a place of potential, of discovery. It is a land of dreams: of adventure and magic, of friendly dragons and other planets. It is a land of hope: of finding a new job or a new home, of learning a new skill or making a new friend. With the above in mind, libraries have been constituted under the Tamil Nadu Public Libraries Act, 1948, (for short 'the Act') wherein the structure under which the libraries constituted thereunder are to function have been codified. Section 18 of the said Act provides the power to the Government to make Rules for the effective functioning of the Libraries. For better clarity, sub-sections (1) and (2) (a) of Section 18 are extracted hereunder :- “18. Power to make rules. - (1) The Government may, by notification, make rules consistent with this Act to carry out the purpose thereof. (2) In Particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) all matters required or allowed to be prescribed under this Act; * * * * * * * *” 11. Pursuant to the above rule making power vested in the Government, amendment was made to Rule 42 (2) of the Tamil Nadu Public Libraries Rules vide 8/96 http://www.judis.nic.in ____________ W.P. No.4111/2016, etc. Batch issuance of G.O. Ms. No.220, School Education Department, dated 16.12.05. Further thereon, in exercise of powers conferred by proviso to Article 309 of the Constitution of India, Adhoc Rules relating to Tamil Nadu Educational Subordinate Service was framed by issuance of G.O. Ms. No.60, School Education Department dated 27.4.06. 12. Challenging the amendment made vide G.O. Ms. No.220 dated 16.12.05 and the Adhoc Rules framed vide G.O. Ms. No.60 dated 27.4.06, W.P.
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